How can a father have the custody of an 8 years old girl child?

Hi All, I have been married to my wife on Dec 2008, we have a girl child who is 8 years old and is residing with me. In my 9 years of married life my wife has left me, my kid and my parents for 5 times and have resided at her fathers place. Her father has always supported her and have never ever spoken to me. Since June 2017 her father has put down an police NC stating that we are harassing my wife with all the possible false allegations. My Girl kid wants to stay with me have been ignoring my wife her mother. My wife has never provided any maternal love or compassion to my kid. Me and my wife did not have any physical relation for almost 5 years now but I dont know how that can be proved. I have been requesting her father for mutual divorce but in return getting threats of court case. Which I want to avoid with only reason on why to harass our kid in mine and my wife's conflict. Need to know as per Hindu law can I have the custody of my girl child as a father?